IN THE CASE OF:
BOARD DATE: 5 April 2011
DOCKET NUMBER: AR20100019368
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration for award of the Meritorious Unit Commendation and to be issued a new DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he served in Iraq with the 101st Airborne Division (Air Assault) and his is authorized the award of the Meritorious Unit Commendation.
3. The applicant provides copies of the following documents:
* DD Form 214, effective 20 December 2003
* DD Form 215 (Correction to DD Form 214), dated 23 June 2005
* DD Form 215, dated 28 June 2010
* Headquarters, 101st Airborne Division (Air Assault(AASLT)) and Fort Campbell, Orders Number 050-721, dated 19 February 2003
* Statement of Service, dated 27 May 2003
* Army Commendation Medal Certificate, for the period 19 March to 20 July 2003
* Headquarters, 3rd Battalion, 320th Field Artillery Regiment, 101st Airborne Division (AASLT), Request for Permission to Redeploy, dated 17 June 2003
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20090000519, on 9 June 2009.
2. The applicant provides a statement of service, deployment orders and an award certificate which were not previously considered by the Board; therefore, this new evidence warrants consideration by the Board.
3. The applicant enlisted in the Regular Army on 8 January 1998. He served as a unit supply specialist in Iraq from 28 February 2003 to 13 July 2003. On
20 December 2003, he was honorably discharged.
4. The following new evidence was provided by the applicant:
a. Headquarters, 101st Airborne Division (AASLT) and Fort Campbell, Orders Number 050-721, dated 19 February 2003, which show the 3rd Battalion, 320th Field Artillery Regiment (3rd Brigade Combat Team), was deployed to South West Asia with a proceed date of 26 February 2003.
b. Headquarters, 3rd Battalion, 320th Filed Artillery Regiment, 101st Airborne Division (AASLT) Statement of Service which shows he was assigned to
B Battery, 320th Field Artillery regiment, 101st Airborne (AASLT) from 19 March to 1 June 2003.
c. An Army Commendation Medal certificate he received for exemplary service in support of Operation Iraqi Freedom from 19 March to 20 July 2003.
d. A request for permission to re-deploy to Fort Campbell, Headquarters, 3rd Battalion, 320th Field Artillery Regiment memorandum, dated 17 June 2003.
5. In addition, he provides two DD Forms 215 which show the following corrections were made to item 13 of his DD Form 214:
a. On 23 June 2005, the Iraq Campaign Medal and the Global War on Terrorism Service Medal were added.
b. On 28 June 2010, the Iraq Campaign Medal and Overseas Service Bar were deleted; and the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Expeditionary Medal, Overseas Service Ribbon, and Marksman Marksmanship Qualification Badge were added.
6. Officials at the Awards Branch, U.S. Army Human Resources Command confirmed that the 3rd Battalion, 320th Field Artillery was awarded the Meritorious Unit Commendation for the period 19 March 2003 to 19 October 2003 in Iraq.
7. Army Regulation 635-5 (Separation Documents) prescribes the policy for alteration and correction of the DD Form 214. Paragraph 2-1, states that once a DD Form 214 has been issued, do not reissue except for the following reasons:
a. When directed by proper appellate authority, Executive Order, or by the Secretary of the Army.
b.. When it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form215 or if the correction would require issuance of more than two DD Forms 215.
c. When two DD Forms 215 have been issued and an additional correction is required.
d. When a DD Form 214 is administratively issued or reissued, enter that fact and the date of such action on the DD Form 214, item 18 Remarks; unless the appellate authority, executive order or Secretarial directive specifies otherwise.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests reconsideration for award of the Meritorious Unit Commendation and to be issued a new DD Form 214.
2. Orders awarded the applicant's unit the Meritorious Unit Commendation. It should be added to his DD Form 214.
3. The evidence shows he currently has two DD Forms 215 in his record. Regulatory guidance states when two DD Forms 215 have been issued and an additional correction is required, issue a new DD Form 214. He is entitled to have his DD Form 214 reissued.
4. In view of the foregoing, his request should be granted.
BOARD VOTE:
__X_____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20090000519, dated 9 June 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing his DD Form 214, effective 20 December 2003, to show the corrections contained in the two previously issued DD Forms 215 and to add the Meritorious Unit Commendation Medal.
_______ _ X_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100019368
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ABCMR Record of Proceedings (cont) AR20100019368
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